IN RE HARVEY SAND LITIGATION

19-0500Texjpml

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ORDER OF MULTIDISTRICT LITIGATION PANEL
Order Pronounced March 24, 2020
19-0500 	IN RE HARVEY SAND LITIGATION
1. On June 16, 2019, the Multidistrict Litigation Panel issued its order staying all trial court
proceedings in the cases listed in Appendix A to the Motion to Transfer until further
order of the MDL Panel.
2. Pursuant to motion, the Panel amended that stay on July 26, 2019, to allow any present
and future parties in the Harvey Sand Litigation to file, amend, and serve any pleadings
in that litigation in light of potential concerns regarding statutes of limitations, pending
the Panel’s action on the motion to transfer.
3. Pursuant to motion, the Panel further amended the stay on October 1, 2019, to allow
certain local Harris-County-based steps by local judicial officers and/or parties to
determine what case(s) should continue in this litigation, in what form(s), in what
court(s), and with what parties.
4. Since October 1, 2019, various procedural changes have occurred, including the filing
of two new cases:
* Eduardo Del Pino et al v. Hanson Aggregates. LLC et al, Cause No 202008901
filed in the 129th Judicial District Court of Harris County, Texas, and
* Steven Nelson et al v. Hanson Aggregates. LLC et al, Cause No 202010361 filed
in the 270th Judicial District Court of Harris County, Texas.
It has further been requested in Defendants' Second Supplemental Motion for
Transfer and Request for Stay filed March 17, 2020, that the Panel’s stay be further
amended to subject those two new cases to the current stay in this litigation.
The Panel hereby further modifies its stay to cover Pino, et al v. Hanson
Aggregates, LLC, et al, and Nelson et al v. Hanson Aggregates, LLC, et al, described above.
Other parties are invited to file their response(s) to the above referenced
Defendants' Second Supplemental Motion For Transfer and Request for Stay of March 17,
2020, with any such responses to be filed on or before fourteen days from this date, unless
extended for good cause shown.
The Panel's order dated March 11, 2020, calling for the parties to file with the MDL
Panel on or before March 25, 2020, a joint status report, is hereby rescinded, given the
above events.

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